keyboard_tab Digital Service Act 2022/2065 EN
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- 1 Art. 1 Subject matter
- 1 Art. 43 Supervisory fee
CHAPTER I
GENERAL PROVISIONS
CHAPTER II
LIABILITY OF PROVIDERS OF INTERMEDIARY SERVICES
CHAPTER III
DUE diligence OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT
SECTION 1
Provisions applicable to all providers of intermediary services
SECTION 2
Additional provisions applicable to providers of hosting services, including online platforms
SECTION 3
Additional provisions applicable to providers of online platforms
SECTION 4
Additional provisions applicable to providers of online platforms allowing consumers to conclude distance contracts with traders
SECTION 5
Additional obligations for providers of very large online platforms and of very large online search engines to manage systemic risks
SECTION 6
Other provisions concerning due diligence obligations
CHAPTER IV
IMPLEMENTATION, COOPERATION, PENALTIES AND ENFORCEMENT
SECTION 1
Competent authorities and national Digital Services Coordinators
SECTION 2
Competences, coordinated investigation and consistency mechanisms
SECTION 3
European Board for Digital Services
SECTION 4
Supervision, investigation, enforcement and monitoring in respect of providers of very large online platforms and of very large online search engines
SECTION 5
Common provisions on enforcement
SECTION 6
Delegated and implementing acts
CHAPTER V
FINAL PROVISIONS
- information society service
- recipient of the service
- consumer
- to offer services in the Union
- substantial connection to the Union
- trader
- intermediary service
- mere conduit
- caching
- hosting
- illegal content
- online platform
- online search engine
- dissemination to the public
- distance contract
- online interface
- Digital Services Coordinator of establishment
- Digital Services Coordinator of destination
- active recipient of an online platform
- active recipient of an online search engine
- advertisement
- recommender system
- content moderation
- terms and conditions
- persons with disabilities
- commercial communication
- turnover
- Mere conduit
- Caching
- order 21
- shall 19
- information 14
- supervisory 13
- paragraph 12
- intermediary_services 12
- authority 11
- pursuant 11
- provider 11
- very 10
- large 10
- annual 10
- the 10
- to article 10
- referred 8
- providers 7
- commission 7
- given 7
- issuing 7
- amount 6
- accordance 6
- effect 6
- union 6
- applicable 6
- specific 5
- national 5
- recipients 5
- language 5
- costs 5
- overall 5
- regulation 5
- which 5
- acts 5
- service 4
- about 4
- delegated 4
- provide 4
- respect 4
- implementing 4
- each 4
- rules 4
- charged 4
- with article 4
- individual 4
- fees 4
- such 4
- from 4
- provided 4
- article 4
- down 4
Article 1
Subject matter
1. The aim of this Regulation is to contribute to the proper functioning of the internal market for intermediary_services by setting out harmonised rules for a safe, predictable and trusted online environment that facilitates innovation and in which fundamental rights enshrined in the Charter, including the principle of consumer protection, are effectively protected.
2. This Regulation lays down harmonised rules on the provision of intermediary_services in the internal market. In particular, it establishes:
(a) | a framework for the conditional exemption from liability of providers of intermediary_services; |
(b) | rules on specific due diligence obligations tailored to certain specific categories of providers of intermediary_services; |
(c) | rules on the implementation and enforcement of this Regulation, including as regards the cooperation of and coordination between the competent authorities. |
Article 10
Orders to provide information
1. Upon receipt of an order to provide specific information about one or more specific individual recipients of the service, issued by the relevant national judicial or administrative authorities on the basis of the applicable Union law or national law in compliance with Union law, providers of intermediary_services shall, without undue delay inform the authority issuing the order, or any other authority specified in the order, of its receipt and of the effect given to the order, specifying if and when effect was given to the order.
2. Member States shall ensure that when an order referred to in paragraph 1 is transmitted to the provider, it meets at least the following conditions:
(a) | that order contains the following elements:
|
(b) | that order only requires the provider to provide information already collected for the purposes of providing the service and which lies within its control; |
(c) | that order is transmitted in one of the languages declared by the provider of intermediary_services pursuant to Article 11(3) or in another official language of the Member States, agreed between the authority issuing the order and the provider, and is sent to the electronic point of contact designated by that provider, in accordance with Article 11; where the order is not drafted in the language declared by the provider of intermediary_services or in another bilaterally agreed language, the order may be transmitted in the language of the authority issuing the order, provided that it is accompanied by a translation into such declared or bilaterally agreed language of at least the elements set out in points (a) and (b) of this paragraph. |
3. The authority issuing the order or, where applicable, the authority specified therein, shall transmit it, along with any information received from the provider of intermediary_services concerning the effect given to that order to the Digital Services Coordinator from the Member State of the issuing authority.
4. After receiving the order from the judicial or administrative authority, the Digital Services Coordinator of the Member State concerned shall, without undue delay, transmit a copy of the order referred to in paragraph 1 of this Article to all Digital Services Coordinators through the system established in accordance with Article 85.
5. At the latest when effect is given to the order, or, where applicable, at the time provided by the issuing authority in its order, providers of intermediary_services shall inform the recipient_of_the_service concerned of the order received and the effect given to it. Such information provided to the recipient_of_the_service shall include a statement of reasons and the possibilities for redress that exist, in accordance with paragraph 2.
6. The conditions and requirements laid down in this Article shall be without prejudice to national civil and criminal procedural law.
CHAPTER III
DUE diligence OBLIGATIONS FOR A TRANSPARENT AND SAFE ONLINE ENVIRONMENT
SECTION 1
Provisions applicable to all providers of intermediary_services
Article 43
Supervisory fee
1. The Commission shall charge providers of very large online_platforms and of very large online_search_engines an annual supervisory fee upon their designation pursuant to Article 33.
2. The overall amount of the annual supervisory fees shall cover the estimated costs that the Commission incurs in relation to its supervisory tasks under this Regulation, in particular costs related to the designation pursuant to Article 33, to the set-up, maintenance and operation of the database pursuant to Article 24(5) and to the information sharing system pursuant to Article 85, to referrals pursuant to Article 59, to supporting the Board pursuant to Article 62 and to the supervisory tasks pursuant to Article 56 and Section 4 of Chapter IV.
3. The providers of very large online_platforms and of very large online_search_engines shall be charged annually a supervisory fee for each service for which they have been designated pursuant to Article 33.
The Commission shall adopt implementing acts establishing the amount of the annual supervisory fee in respect of each provider of very large online_platform or of very large online_search_engine. When adopting those implementing acts, the Commission shall apply the methodology laid down in the delegated act referred to in paragraph 4 of this Article and shall respect the principles set out in paragraph 5 of this Article. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 88.
4. The Commission shall adopt delegated acts, in accordance with Article 87, laying down the detailed methodology and procedures for:
(a) | the determination of the estimated costs referred to in paragraph 2; |
(b) | the determination of the individual annual supervisory fees referred to in paragraph 5, points (b) and (c); |
(c) | the determination of the maximum overall limit defined in paragraph 5, point (c); and |
(d) | the detailed arrangements necessary to make payments. |
When adopting those delegated acts, the Commission shall respect the principles set out in paragraph 5 of this Article.
5. The implementing act referred to in paragraph 3 and the delegated act referred to in paragraph 4 shall respect the following principles:
(a) | the estimation of the overall amount of the annual supervisory fee takes into account the costs incurred in the previous year; |
(b) | the annual supervisory fee is proportionate to the number of average monthly active recipients in the Union of each very large online_platform or each very large online_search_engine designated pursuant to Article 33; |
(c) | the overall amount of the annual supervisory fee charged on a given provider of very large online_platform or very large search engine does not, in any case, exceed 0,05 % of its worldwide annual net income in the preceding financial year. |
6. The individual annual supervisory fees charged pursuant to paragraph 1 of this Article shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (41).
7. The Commission shall report annually to the European Parliament and to the Council on the overall amount of the costs incurred for the fulfilment of the tasks under this Regulation and the total amount of the individual annual supervisory fees charged in the preceding year.
SECTION 6
Other provisions concerning due diligence obligations
whereas